Comments on: Eminent domain “abuse”? http://blog.aynrandcenter.org/eminent-domain-abuse/ Thu, 24 Jun 2010 07:57:34 +0000 hourly 1 By: Kelsey Jackson http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-2871 Kelsey Jackson Fri, 02 Apr 2010 01:58:00 +0000 http://blog.aynrandcenter.org/?p=3601#comment-2871 I have to write a paper against eminent domain, please help!! E-mail me at juicygirl4056@gmail.com please if you can helo me with cases and a solid argument. Thank you!! -Kelsey I have to write a paper against eminent domain, please help!! E-mail me at juicygirl4056@gmail.com please if you can helo me with cases and a solid argument. Thank you!!
-Kelsey

]]> By: Jay Nix http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-2167 Jay Nix Mon, 14 Dec 2009 16:58:54 +0000 http://blog.aynrandcenter.org/?p=3601#comment-2167 While using eminent domain to transfer land from one owner to another is patently criminal, I find the blanket assertion that road and bridges could and would be built through private means a little suspect. It assumes that a private company could obtain that land required for the right of way at a fair market value. Assuming a builder were able to defeat the NIMBY attitudes for such a project, the cost of purchasing the land would progressively increase as a function the percentage of land already obtained. The closer the contactor was to obtaining the right of way; the prices for obtaining the land would amount to extortion. How could privatization overcome this challenge? While using eminent domain to transfer land from one owner to another is patently criminal, I find the blanket assertion that road and bridges could and would be built through private means a little suspect. It assumes that a private company could obtain that land required for the right of way at a fair market value. Assuming a builder were able to defeat the NIMBY attitudes for such a project, the cost of purchasing the land would progressively increase as a function the percentage of land already obtained. The closer the contactor was to obtaining the right of way; the prices for obtaining the land would amount to extortion. How could privatization overcome this challenge?

]]> By: annette harris http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1844 annette harris Sat, 24 Oct 2009 00:24:27 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1844 comcast cable has used my property space for the community service box. Do they owe me for use of my property? the box is right over my back deck. It is an obstruction for an awning over my deck. I want to be cmpensated for this infringement. thank you comcast cable has used my property space for the community service box. Do they owe me for use of my property? the box is right over my back deck. It is an obstruction for an awning over my deck. I want to be cmpensated for this infringement. thank you

]]> By: Michelle Feduccia http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1790 Michelle Feduccia Thu, 15 Oct 2009 17:14:00 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1790 I just read your article on eminent domain abuse and wanted to say that I live in fear of that everyday. Just when it was beginning to look like my husband and I would have a home free and clear, our city wants to take it. I realize that we are in the way of progress but our home was there before the woods across the street disappeared to make way for a mall. We deserve a fair price for our home, not have them come in a take it. They are purposely blighting our neighborhood in order to accomplish this. We have a 4 bedroom, 3 bath home with a huge yard that is perfect for our six children and granddaughter. However the city has plans for our land and they don't include our home. It started during hurricane Gustav when the city flooded our neighborhood. They claim that the pumps couldn't keep up with the amount of rainfall we had but thats not true. There is a pump house at the end of our street and it wasn't turned on until the damage was already done and the guard had arrived to get people out. Once they turned it on, the water receded in a matter of minutes. My husband immediately mentioned eminent domain and others were in agreement but voicing those opinions made things worse. Most of the street left that morning, but we stayed to clean up our home. The storm had spared our electricity which never once even fickered and the water never made it into the main part of our home. Only the lower level apartment and my husbands shop were flooded. Two other families on the street stayed. We had begun cleaning up when the city utility truck pulled up and shut off power to our street. We tried to ask what was going on and told them we had an elderly person with copd in the home but they didn't answer. We were the only street without power for four days and let me tell you, it was hot! We had no street lights, nothing. The mall across the street was brightly lit and it had been flooded, the streets around us as well. We continued to work but some of those who waited for electricity came back to tons of mold and mildew. Several of the houses were leveled within months. The other homes are said to be owned by the hospital down the street now, so now with minimal work on the homes, they are continually rented out to what seems to be large groups of people at a time. They hang out in the street, play loud music at all hours, fight, etc. Since I live on the corner of the street and frontage rd, I no longer go down the street at all. If you put things out to the street for pickup, it sits there for weeks. I pass the street sweeper frequently on my way to work, but it has not been down our street in a year. Trucks used to regularly come down the street cutting limbs and picking up limbs. Now, broken branches from the storm still hang in the trees and without trimming they all hang heavily over the street and not in a beautiful crepe myrtle kind of way. I recently pulled up our house on google maps street view. The pictures there were before the hurricane and the diffence is amazing. Our city hold its council meetings on t.v., and they keep up a website. On both, eminent domain is mentioned. The have a plan for the city of Alexandria, called SPARC. The plans are pretty detailed for most areas, listing what they've taken as eminent domain already and what they plan to do with it. But even though they include the area between the zoo & hospital, to the traffic circle (which is where my home is inconveniently located), they don't say how they plan to proceed there and are very vague considering how forthcoming they are with areas they've already obtained. We actually have our home for sale, which is zoned commercial now. If we had the money to put up a corragated building there instead, it could potentially be worth millions for the location alone. As it stands, we're looking at loosing our wonderful home that we love and we'll have nothing left. The one thing we've worked so hard for, all our lives, gone............. Forty years old, I work as administrative assistant at First United Methodist Church. My husband is manager of JC Penny Optical. Our home is all we have and there is nothing we can do but watch all our hard work disappear. I just read your article on eminent domain abuse and wanted to say that I live in fear of that everyday. Just when it was beginning to look like my husband and I would have a home free and clear, our city wants to take it. I realize that we are in the way of progress but our home was there before the woods across the street disappeared to make way for a mall. We deserve a fair price for our home, not have them come in a take it. They are purposely blighting our neighborhood in order to accomplish this. We have a 4 bedroom, 3 bath home with a huge yard that is perfect for our six children and granddaughter. However the city has plans for our land and they don’t include our home. It started during hurricane Gustav when the city flooded our neighborhood. They claim that the pumps couldn’t keep up with the amount of rainfall we had but thats not true. There is a pump house at the end of our street and it wasn’t turned on until the damage was already done and the guard had arrived to get people out. Once they turned it on, the water receded in a matter of minutes. My husband immediately mentioned eminent domain and others were in agreement but voicing those opinions made things worse. Most of the street left that morning, but we stayed to clean up our home. The storm had spared our electricity which never once even fickered and the water never made it into the main part of our home. Only the lower level apartment and my husbands shop were flooded. Two other families on the street stayed. We had begun cleaning up when the city utility truck pulled up and shut off power to our street. We tried to ask what was going on and told them we had an elderly person with copd in the home but they didn’t answer. We were the only street without power for four days and let me tell you, it was hot! We had no street lights, nothing. The mall across the street was brightly lit and it had been flooded, the streets around us as well. We continued to work but some of those who waited for electricity came back to tons of mold and mildew. Several of the houses were leveled within months. The other homes are said to be owned by the hospital down the street now, so now with minimal work on the homes, they are continually rented out to what seems to be large groups of people at a time. They hang out in the street, play loud music at all hours, fight, etc. Since I live on the corner of the street and frontage rd, I no longer go down the street at all. If you put things out to the street for pickup, it sits there for weeks. I pass the street sweeper frequently on my way to work, but it has not been down our street in a year. Trucks used to regularly come down the street cutting limbs and picking up limbs. Now, broken branches from the storm still hang in the trees and without trimming they all hang heavily over the street and not in a beautiful crepe myrtle kind of way. I recently pulled up our house on google maps street view. The pictures there were before the hurricane and the diffence is amazing. Our city hold its council meetings on t.v., and they keep up a website. On both, eminent domain is mentioned. The have a plan for the city of Alexandria, called SPARC. The plans are pretty detailed for most areas, listing what they’ve taken as eminent domain already and what they plan to do with it. But even though they include the area between the zoo & hospital, to the traffic circle (which is where my home is inconveniently located), they don’t say how they plan to proceed there and are very vague considering how forthcoming they are with areas they’ve already obtained. We actually have our home for sale, which is zoned commercial now. If we had the money to put up a corragated building there instead, it could potentially be worth millions for the location alone. As it stands, we’re looking at loosing our wonderful home that we love and we’ll have nothing left. The one thing we’ve worked so hard for, all our lives, gone…………. Forty years old, I work as administrative assistant at First United Methodist Church. My husband is manager of JC Penny Optical. Our home is all we have and there is nothing we can do but watch all our hard work disappear.

]]> By: Matthew Pakizegee http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1584 Matthew Pakizegee Sun, 13 Sep 2009 20:47:37 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1584 http://www.bloomberg.com/apps/news?pid=20601087&sid=a9igRzOC55wE Please look at what the Obama admin is doing to free trade http://www.bloomberg.com/apps/news?pid=20601087&sid=a9igRzOC55wE

Please look at what the Obama admin is doing to free trade

]]> By: wes http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1528 wes Wed, 09 Sep 2009 01:14:37 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1528 briefly, is there a way to attack eminent domain in the courts? i can see an argument based on the 5th amendment's own words. if the 5th permits the TAKING of property for public only if there is fair compensation in return [and i paraphrase] would it be reasonable to bring to a court's attention that a 'taking' for public use may not initate a taking or a seizure. the first step must be the offer or the gifting or volunteering of the peoperty or services [eg time] an acceptance of the offer would be the second step the acceptance could only be made if there is genuine need for the property [you just can't dump anything you like on the usa or state or city eg a lien ridden property] the third step would be just compensation for the property [perhaps sold at auction to the public in which a buyer would come forward and donate his funds for the transfer of the property to the USA; and payment would be by a third party to the original owner] in this scenario there is no taking unless preceded by a giving [or offer] GIVE AND TAKE which comes first? eminent domain ignores and/or abuses the constitution; does it rely on some sick use or application of equity? i think the way i desribe things is original and in spirit of the founding fathers what did the foundingfathers say regarding the 5th in federalist and antifederalist papers? is eminent domain expressly mentioned in constitution? also, i think it was the euclid ohio supreme court case that sent us down the road of eminent domain law to the point we are at today you are the scholars so ;et me know what you think! briefly, is there a way to attack eminent domain in the courts?

i can see an argument based on the 5th amendment’s own words.

if the 5th permits the TAKING of property for public only if there is fair compensation in return [and i paraphrase]

would it be reasonable to bring to a court’s attention that a ‘taking’ for public use may not initate a taking or a seizure.

the first step must be the offer or the gifting or volunteering of the peoperty or services [eg time]
an acceptance of the offer would be the second step
the acceptance could only be made if there is genuine need for the property [you just can't dump anything you like on the usa or state or city eg a lien ridden property]
the third step would be just compensation for the property [perhaps sold at auction to the public in which a buyer would come forward and donate his funds for the transfer of the property to the USA; and payment would be by a third party to the original owner]

in this scenario there is no taking unless preceded by a giving [or offer]

GIVE AND TAKE

which comes first?

eminent domain ignores and/or abuses the constitution; does it rely on some sick use or application of equity?

i think the way i desribe things is original and in spirit of the founding fathers

what did the foundingfathers say regarding the 5th in federalist and antifederalist papers?

is eminent domain expressly mentioned in constitution?

also, i think it was the euclid ohio supreme court case that sent us down the road of eminent domain law to the point we are at today

you are the scholars so ;et me know what you think!

]]> By: Mark Thoele http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1500 Mark Thoele Fri, 04 Sep 2009 02:37:36 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1500 I have often wondered about the policy of "eminent domain". It just never felt right. But then consider the fact that one can never really own property anyway. Don't pay your property tax and see just how fast the County government confiscates it. I have often wondered about the policy of “eminent domain”. It just never felt right. But then consider the fact that one can never really own property anyway. Don’t pay your property tax and see just how fast the County government confiscates it.

]]> By: Eminent domain “abuse”? — VOICES for REASON | Emuoil live today http://blog.aynrandcenter.org/eminent-domain-abuse/comment-page-1/#comment-1498 Eminent domain “abuse”? — VOICES for REASON | Emuoil live today Thu, 03 Sep 2009 10:44:21 +0000 http://blog.aynrandcenter.org/?p=3601#comment-1498 [...] here:  Eminent field “abuse”? — VOICES for REASON Posted in Uncategorized | Tags: and-power, business-as-condemning, condemning-land, eminent, [...] [...] here:  Eminent field “abuse”? — VOICES for REASON Posted in Uncategorized | Tags: and-power, business-as-condemning, condemning-land, eminent, [...]

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